Punjab-Haryana High Court
Swaran Singh @ Bhundi & Anr vs State Of Punjab on 9 October, 2012
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Criminal Misc. No.23820 of 2012 &
Criminal Misc. No.39306 of 2012 in
Criminal Appeal No.2990-SB of 2011 ..1..
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.23820 of 2012 &
Criminal Misc. No.39306 of 2012 in
Criminal Appeal No.2990-SB of 2011
Date of Decision : October 09, 2012
Swaran Singh @ Bhundi & Anr.
...Applicant/appellants
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.Vivek Goyal, Advocate,
for the applicant/appellants.
Mr.Kirat Singh Sidhu, Deputy Advocate
General, Punjab.
***
Naresh Kumar Sanghi, J.
Both these Criminal Misc. bearing Nos.23820 and 39306 of 2012 are being disposed of by this common order since the prayer made in these both applications is for suspension of sentence. Both the criminal miscellaneous have arisen out of the common judgment of conviction and sentence.
Learned counsel contends that the case of the applicant/appellants is covered by the ratio of judgment delivered by a Division Bench of this Court in Daler Singh vs. State of Punjab, 2007(1)RCR(Criminal)316 since each one of them has undergone more than 04 years of the substantive sentence.
Learned counsel for the State has produced the affidavits of Surinder Pal Khanna, Superintendent Central Jail, Jalandhar, showing the custody period suffered by Swaran Singh Criminal Misc. No.23820 of 2012 & Criminal Misc. No.39306 of 2012 in Criminal Appeal No.2990-SB of 2011 ..2..
@ Bhundi and Kulwinder Singh, which are taken on record. Perusal of the affidavits dated 28.08.2012 reveal that Swaran Singh @ Bhundi has suffered incarceration for 04 years and more than 02 months while Kulwinder Singh for 04 years and more than 01 month. Their case is covered by the ratio of judgment delivered by a Division Bench of this Court in Daler Singh's case (supra). The applicants are neither required nor involved in any other case arising out of the Narcotic Drugs and Psychotropic Substances Act. The appeal is not likely to be heard soon.
In view of the above, both the criminal misc. are allowed. Applicants-Swaran Singh @ Bhundi s/o Dhara Singh r/o Village Toti, PS Sultanpur Lodhi, District Kapurthala, and Kulwinder Singh s/o Karam Singh, r/o Village Lasuri, PS Shahkot, District Jalandhar, are ordered to be released on bail, during the pendency of the appeal, subject to their furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Kapurthala.
October 09, 2012 (Naresh Kumar Sanghi) seema Judge